Canan auto insurer disclose personal information to someone not listed onthe policy?

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Canan auto insurer disclose personal information to someone not listed onthe policy?

I have an existing policy where a male friend is covered as driver on my auto security plan. He drives one of the vehicles that is covered under this plan. He is married and his spouse called the Auto Security policy provider and misrepresented herself as the male listed on this plan and was given details of the plan including my information (name, address), my child’s information (name, birthday, etc). Since receiving this information, she has threatened to harm my child and I. I have filed a complain with local law enforcement but would like to know what my options are with the provider? Do I have a reasonable case and/or complaint?

Asked on September 20, 2010 under General Practice, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue about whether or not you may have a claim against the insurer will depend on whether they were negligent in some fashion. That is, were they careless in how they gave out the information, such as by not verifying the caller's identity sufficiently? If so, there may be a cause of action.

On the other hand, if they were not careless--e.g. the name was fairly non-gender specific (e.g. "Chris") and the spouse had all the information (e.g. soc. sec. number) needed to get more information about the plan--then there might be no liability against the insurer; companies are not expected to be perfect, only reasonably careful. You should consult with an attorney who can evaluate the specific facts and let you know if you may have a cause of action and also, what it might be worth--since sometimes, you can sue, but it's economically worth it.


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